In Georgia, the law that governs legal names change can be found in O.C.G.A. (Official Code of Georgia Annonated) 19-12-1. While this law governs all legal name changes for both adults and minors, different forms are required depending on the age of the person whose name is being changed. It is not difficult to file for a name change for a minor child without an attorney, particularly if it is a simple, uncontested situation.
Proper Legal Forms to Be Used to Request a Name Change for a Child
To access minor name change legal forms and the instructions for completely them, please visit the Fulton County Superior Court and download packet number 10 for minor name change forms.
While these forms are specific for cases filed in Fulton county, the same forms can be used to filed a Petition to Change the Name of a Minor Child(ren), the same forms can be used to accomplish the same thing in every county in the state of Georgia. Simply change the name Fulton to the name of the county where you are filing.
Who Can Request to Change the Name of a Minor Child In Georgia
People who have a legal relationship with the child (such as, the child’s parent or guardian) can petition the Court to change the minor child’s name. Sometimes this is done if there is a stepparent adoption or if one of the child’s parent does not take an active role in his life even though the child bears his name.
Regardless of the reasons, both parents of the minor child must be aware of the request. Either the mother and the father must agree to the name change or the non-requesting parent must be served with the name change request. Additionally, if the minor child lives with another person who is not his parent but who is a guardian, that guardian must be notified of the name change request.
Situations Where Both Parents do not have to Agree to the Name Change
The name change should be filed in the Superior court of the Georgia county where the child and the child’s parent has lived for at least 6 consecutive months. In every case, both parents must consent to the child’s name being legally changed unless one of the following three conditions applies:
- One of the child’s parents is deceased;
- One of the child’s parents has abandoned the child; or
- One of the child’s parents has not contributed financially to the child’s welfare for a period of at least 5 years prior to the name change petition being filed.
If any of these three conditions apply or if the other parent agrees to sign the paperwork, then the minor name change is considered uncontested.
To learn more about filing and finalizing a minor name change petition, including how to use the final decree to change a child’s birth certification or social security card, please read How to File to Change the Name of a Minor Child in the State of Georgia and Legal Self Representation in Court without an Attorney.
For more information on name change laws in Georgia in general and other family law resources, please read How to File for a Legal Name Change in Georgia.
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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